JONES v. SMITH

Nos. 661, 554, Docket 85-2047, 85-2244.

784 F.2d 149 (1986)

Donald L. JONES, Plaintiff-Appellant, v. Harold J. SMITH, Superintendent, Attica Correctional Facility; Captain Patricia O'Connor; and Gary Cousins, Defendants-Appellees. Milton PAYNE, Plaintiff-Appellant, v. T.A. COUGHLIN, III, Commissioner, Department of Correctional Services, J. Wasser, Commissioner, State Commission of Correction, Charles Scully, Superintendent, Green Haven Correctional Facility (GHCF), Deputy Superintendent Capuano, (GHCF), Sgt. Holt, (GHCF), and other Correctional Personnel to be named with the onset of this action, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 20, 1986.


Attorney(s) appearing for the Case

Jeffrey D. Buss, New York City (Buss & Wynn, New York City, of counsel), for plaintiff-appellant Jones.

Patrick Barnett-Mulligan, Asst. Atty. Gen. of N.Y. (Robert Abrams, Atty. Gen. of N.Y., Robert Hermann, Sol. Gen., Nancy A. Spiegel, Asst. Atty. Gen., of counsel), for defendants-appellees Smith, O'Connor, and Cousins.

Milton Payne, pro se.

Robert Abrams, Atty. Gen. of N.Y. (O. Peter Sherwood, Deputy Sol. Gen., Lillian Z. Cohen, Asst. Atty. Gen., of counsel), for defendants-appellees Coughlin, et al.

Before FEINBERG, Chief Judge, VAN GRAAFEILAND, and PRATT, Circuit Judges.


GEORGE C. PRATT, Circuit Judge:

These two appeals have been consolidated by this court sua sponte pursuant to Fed.R.App.P. 3(b) for purposes of this opinion. In one of the appeals, Jones v. Smith, et al., we granted Jones leave to appeal in forma pauperis in three of sixteen separate actions brought under 42 U.S.C. § 1983 to challenge various aspects of the conditions of his prison confinement. All of the complaints had been dismissed by...

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